Panaji, 07th December, 2021 (Agrahayana 16, 1943)

SERIES II No. 36

Reg. No. RNP/GOA/32/2021-23

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

EXTRAORDINARY

No. 4

GOVERNMENT OF GOA

Department of Finance

Revenue & Control Division

—

Notification

No. 2/1/95-Fin(R&C)/Part(A)/3102

In exercise of the powers conferred by sub-rule (4)

of Rule 99 of the Goa Excise Duty Rules, 1964, the

Government of Goa, being satisfied that it is

necessary in the public interest, hereby directs that

all licensed premises “for sale of liquor” and

“consumption of liquor in public places” (hereinafter

called said area) located within the jurisdiction of

Pollem Village of Canacona Taluka, Mollem Village

of Dharbandora Taluka and Surla Village of Sattari

Taluka which falls within the range of 05 km. from

the Border of Karnataka shall be closed from 4.00.

p.m. of 8th December, 2021 till midnight of 10th

December, 2021, in view of 04-Belgaum Local

Authorities Constituency Election, 2021.

However, the licensed premises having licence for

“Bar and Restaurant” may be allowed to keep the

restaurant open for serving food only. However, Bar

counter shall be closed and no liquor shall be allowed

to serve on the above mentioned days. The owners of

the license premises having “Bar & Restaurant” shall

also display a board in the licensed premises, stating

that no liquor will be served and that the restaurant

will be open for serving food only.

By order and in the name of the Governor of

Goa.

Premraj Shirodkar, Under Secretary (Finance,

R&C).

Porvorim, 7th December, 2021.

Suggestions are welcomed on e-mail: [email protected]

799

Notification

No. 2/1/95-Fin(R&C)/Part(B)/3103

In exercise of the powers conferred by Sections

5 and 8 of the Goa Excise Duty Act & Rules, 1964

(Act 5 of 1964) (hereinafter called the “said Act”),

the Government of Goa hereby prescribes that, not-

withstanding anything contained in the

Government Notifications No. Fin(Rev.)/2-35/SE/6/

/68/(A) dated 29-2-1972 and No. Fin(Rev.)/2-35/SE/

/6/65/(B) dated 29-2-1972, the following shall be

the maximum quantity of liquor which can be

transported from one place to another within the

jurisdiction of Pollem Village of Canacona Taluka,

Mollem Village of Dharbandora Taluka and Surla

Village of Sattari Taluka which falls within the

range of 05 km. from the Border of Karnataka shall

be closed from 4.00 p.m. of 8th December, 2021 till

midnight of 10th December, 2021, in view of

04-Belgaum Local Authorities Constituency

Election, 2021.

(a) Three quart bottles of Indian made foreign

liquor or foreign liquor other than beer and

six bottles of beer 650 ml. for any person

including his family.

(b) Three quart bottles of country liquor for any

person including his family.

This Notification shall remain in force only from

4.00 p.m. of 8th December, 2021 till midnight of

10th December, 2021, in view of 04-Belgaum Local

Authorities Constituency Election, 2021.

By order and in the name of the Governor of

Goa.

Premraj Shirodkar, Under Secretary (Finance,

R&C).

Porvorim, 7th December, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 36

(EXTRAORDINARY NO. 4)

7TH DECEMBER, 2021

800

Office of the Commissioner of Commercial Taxes

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CCT/26-4/2017-18/E/2266

Circular

(No. 19/2021-22-GST)

Subject: Clarification on certain refund related issues- reg.

Various representations have been received from taxpayers and other stakeholders seeking clarification

in respect of certain issues relating to refund. The issues have been examined. In order to ensure uniformity

in the implementation of the provisions of the law across field formations, the undersigned, in exercise of its

powers conferred by Section 168 of the Goa Goods and Services Tax Act, 2017 (hereinafter referred to as “Goa

GST Act”), hereby clarifies each of these issues as under:

Sr.

Issue

Clarification

No.

1. Whether the provisions of sub-section (1) of Section

No, the provisions of sub-section (1) of Section

54 of the Goa GST Act, regarding time period, within

54 of the Goa GST Act regarding time period,

which an application for refund can be filed, would

within which an application for refund can be

be applicable in cases of refund of excess balance

filed, would not be applicable in cases of refund

in electronic cash ledger?

of excess balance in electronic cash ledger.

2. Whether certification/declaration under Rule 89(2)(1)

No, furnishing of certification/declaration

or 89(2)(m) of Goa GST Rules, 2017 is required to

under Rule 89(2)(1) or 89(2)(m) of the Goa GST Rules,

be furnished along with the application for refund

2017, for not passing the incidence of tax to

of excess balance in electronic cash ledger?

any other person is not required in cases of

refund of excess balance in electronic cash

ledger as unjust enrichment clause is not

applicable in such cases.

3. Whether refund of TDS/TCS deposited in electronic

The amount deducted/collected as TDS/TCS

cash ledger under the provisions of Section 51/52

by TDS/TCS deductors under the provisions of

of the Goa GST Act can be refunded as excess

Section 51/52 of the Goa GST Act, as the

balance in cash ledger?

case may be, and credited to electronic cash

ledger of the registered person, is equi-

valent to cash deposited in electronic cash ledger.

It is not mandatory for the registered person

to utilise the TDS/TCS amount credited to

his electronic cash ledger only for the

purpose of discharging tax liability.

The registered person is at full liberty to

discharge his tax liability in respect of the

supplies made by him during a tax period,

either through debit in electronic credit

`

ledger or through debit in electronic cash

ledger, as per his choice and availability of

balance in the said ledgers.

Any amount, which remains unutilized in

electronic cash ledger, after discharge of tax

dues and other dues payable under Goa

GST Act and rules made thereunder, can be

refunded to the registered person as excess

balance in electronic cash ledger in accordance

with the proviso to sub-section (1) of Section

54, read with sub-section (6) of Section 49 of

Goa GST Act.

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SERIES II No. 36

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801

4. Whether relevant date for the refund of tax paid on

Clause(b) of Explanation (2) under Section

supplies regarded as deemed export by recipient

54 of Goa GST Act reads as under:

is to be determined as per Clause (b) of Expla-

“(b) in the case of supply of goods regarded

nation (2) under Section 54 of Goa GST Act and if

as deemed exports where a refund of tax

so, whether the date of return filed by the supplier

paid is available in respect of the goods,

or date of return filed by the recipient will be

the

date

on

which

the

return

relevant for the purpose of determining relevant

relating to such deemed exports is

date for such refunds?

furnished;”

On perusal of the above, it is clear

that Clause (b) of Explanation (2) under

Section 54 of the Goa GST Act is

applicable for determining relevant date

in respect of refund of amount of tax

paid on the supply of goods regarded as

deemed exports, irrespective of the fact

whether the refund claim is filed by the

supplier or by the recipient.

Further, as the tax on the supply of goods,

regarded as deemed export, would be paid

by the supplier in his return, therefore, the

relevant date for purpose of filing of refund

claim for refund of tax paid on such supplies

would be the date of filing of return, related

to such supplies, by the supplier.

2. Difficulty, if any, in implementation of this Circular may please be brought to the notice of the

undersigned

Hemant Kumar, IAS, Commissioner State Tax, Goa.

Panaji, 7th December, 2021.

_______

CCT/26-4/2017-18/E/2267

Circular

(No. 18/2021-22-GST)

Subject: Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices

and compliance of Notification No. 38/1/2017-Fin(R&C)(134) dated 30th March, 2020 - Reg.

Various references have been received from trade and industry seeking further clarification on applicability

of Dynamic Quick Response (QR) Code on B2C (Registered person to Customer) invoices for compliance of

notification 38/1/2017-Fin(R&C)( 134) dated 30th March, 2020 as amended. It has been represented that in

some cases where, though the service recipient is located outside India and place of supply of the service is

in India as per IGST Act, 2017, the payment is received by the service provider located in India not in foreign

exchange, but through other modes approved by RBI. In such cases, the supplier will not be fulfilling the

condition specified in S. No. 4 of the Circular No. 9/2021-22 - GST dated 6th July, 2021, and accordingly, will be

required to have dynamic QR code on the invoice. It has been also represented that relaxation from dynamic

QR code on the invoices in such cases should be available if the payment is received through any RBI

approved mode of payment, and not necessarily in foreign exchange.

2. The issues have been examined and in order to ensure uniformity in the implementation of the provisions

of the law across the field formations, the undersigned, in exercise of its powers conferred under Section 168

of the Goa GST Act, 2017, hereby clarifies the issues hereafter.

3. It is observed that from the present wording of S. No. 4 of Circular No. 9/2021-22-GST dated

06th July, 2021, doubt arises whether the relaxation from the requirement of dynamic QR code on the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 36

(EXTRAORDINARY NO. 4)

7TH DECEMBER, 2021

802

invoices would be available to such supplier, who receives payments from the recipient located outside India

through RBI approved modes of payment, but not in foreign exchange. It is mentioned that the intention of

clarification as per S. No. 4 in the said circular was not to deny relaxation in those cases, where the payment

is received by the supplier as per any RBI approved mode, other than foreign exchange.

4. Accordingly, to clarify the matter further, the Entry at S. No. 4 of the Circular No. 9/2021-22-GST dated

06th July, 2021 is substituted as below:

4 “In cases, where receiver of services is located

No. wherever an invoice is issued to a recipient

outside India, and payment is being received by

located outside India, for supply of services, for

the supplier of services, through RBI approved

which the place of supply is in India, as per the

modes of payment, but as per provisions of the IGST

provisions of IGST Act, 2017, and the payment

Act, 2017, the place of supply of such services

is received by the supplier, in covertible foreign

is in India, then such supply of services is not

exchange or in Indian Rupees wherever permitted by

considered as export of services as per the

the RBI, such invoice may be issued without having

IGST Act, 2017; whether in such cases, the

a Dynamic QR Code, as such Dynamic QR Code

Dynamic QR Code is required on the invoice issued,

cannot be issued by the recipient located outside

for such supply of services, to such recipient

India for making payment to the supplier.”

located outside India?

5. Circular No. 9/2021-22-GST dated 06th July, 2021 stands modified to this extent.

6. Difficulty, if any, in implementation of this Circular may please be brought to the notice of the undersigned.

Hemant Kumar, IAS, Commissioner State Tax, Goa.

Panaji, December, 2021.

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